Yerraguntla Changamma v. State of Andhra Pradesh

THE HON’BLE SRI JUSTICE P.KESHAVA RAO

WRIT PETITION NO. 35016 OF 2015

ORDER :

1. Heard the learned counsel for the petitioner as well as the

learned GP appearing for respondent Nos. 1 to 3.

1. The prayer sought in the Writ Petition is as under:

“ ….to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring action of the 2^nd respondent in interefering with the construction activity of petitioner’s house in the house site situated at Survey No. 692/ 1 near by to Door No. 8/ 360 of 9^th ward of Gandhi Nagar Area, Railway Kodur, at the instance of the 4^th respondent without any order from the civil court or competent authority as arbitrary, illegal, improper and incorrect and consequently direct the respondents not to interfere with the construction activity of petitioner’s house in the site situated at Survey No 692/ 1 near by to Door No. 8/ 360 of 9^th ward of Gandhi Nagar Area, Railway Kodur, at the instance of the 4^th respondent without any order from the civil court or competent authority.”

1. The case of the petitioner is that he purchased an extent of 75 sq.yards in Sy.No.692/ 1 near Door No.8/ 360 of 9^th ward of Gandhi Nagar Area under registered sale deed vide document bearing No. 2094 of 2014 dated 11.9.2014. Since then he has been in possession and enjoyment of the same. With an intention to construct a house, he approached Koduru Gram Panchayat for permission to construct a house. Accordingly, vide proceedings B.L.R.No.215/ 14-15 dated 30.12.2014, the said Gram Panchayat granted permission for construction of the house. It is the specific allegation of the petitioner that when the house was being constructed, respondent Nos. 2 and 3, without any authority in law,